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LEZAMA-GARCIA v. HOLDER

No. 06-74703.

666 F.3d 518 (2011)

Carlos Antonio LEZAMA-GARCIA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2011.

Attorney(s) appearing for the Case

Raul Montes , Montes, Montes & Montes, Chula Vista, CA, for petitioner Carlos Antonio Lezama-Garcia.

Scott Rempell , United States Department of Justice, Washington D.C., for respondent Attorney General Eric H. Holder Jr.

Opinion by Judge SEABRIGHT; Dissent by Judge RAWLINSON.

OPINION

SEABRIGHT, District Judge:

Carlos Antonio Lezama-Garcia ("Lezama"), a native and citizen of Nicaragua, petitions for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal of an immigration judge's ("IJ") order of removal. The IJ determined that, under 8 C.F.R. § 245.13(k)(1), Lezama had abandoned his pending application for adjustment of status under Section 202 of the Nicaraguan Adjustment and Central American...

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